EMA Urges FMCSA to Restore 30-Day Emergency HOS Relief and Adopt a Preemptive Framework for Fuel Supply Resilience

Regulatory Alert

EMA Urges FMCSA to Restore 30-Day Emergency HOS Relief and Adopt a Preemptive Framework for Fuel Supply Resilience

EMA Regulatory Counsel Contacts: Jeff Leiter and Jorge Roman

Washington, D.C. – March 10, 2026 – The Energy Marketers of America (EMA) submitted formal comments to the Federal Motor Carrier Safety Administration (FMCSA) strongly supporting the agency’s proposed rulemaking to reinstate the 30-day automatic relief period for hours-of-service (HOS) relief during regional emergencies. EMA, representing family-owned energy marketers nationwide, emphasized that reversing the 2023 rule is essential to preventing fuel supply disruptions and reducing administrative burdens during energy crises.

In addition, EMA highlighted three critical areas for reform within the emergency response framework to support small business energy marketers and maintain the flow of motor fuels and heating oil.

Restoring the 30-Day Relief Period to Align with Recovery Realities

EMA emphasized that the current 14-day limit on automatic emergency relief is insufficient for the operational realities of emergency and disaster response. The shortened timeframe often leads to market uncertainty, supply delays, and the need for frequent, redundant extension requests.

"Restoring the 30-day period is a practical step that aligns with the realities of extended emergency recoveries," said EMA Vice President Sherri Stone. "Our marketers have seen firsthand how the shortened 14-day limit leads to uncertainty, delays, and unnecessary extensions, as evidenced by the ongoing Regional Emergency Declaration No. 2025-012 for winter storms and the Marcus Hook refinery outage,” Stone added.

Establishing a Preemptive Policy for Predictable Emergency Events

To further enhance fuel resiliency, EMA is calling for a formal preemptive policy that allows FMCSA to issue regional declarations up to five days in advance of predictable weather events, such as hurricanes or severe winter storms. By leveraging forecasts from other federal agencies, the FMCSA can enable marketers to preposition supplies and coordinate logistics before roads or other infrastructure are compromised.

Advancing Federal Leadership to Eliminate State Regulatory Patchworks

EMA further urged proactive federal leadership in issuing declarations to eliminate the patchwork of often conflicting state relief and underlying conditions. When states issue disparate waivers, it creates significant compliance confusion for drivers and enforcement officials involved in interstate fuel distribution. A uniform federal approach would ensure a seamless flow of energy resources across state lines, supporting public safety and emergency services during regional disruptions.

"Fuel resiliency is vital not just during disasters but in the critical preparation phase," EMA Disaster Response Director Sam Bell stated. "By adopting preemptive and coordinated federal declarations, FMCSA can help ensure uninterrupted energy supplies, supporting public safety, emergency services, and recovery efforts across affected regions," Bell added.

EMA works closely with FMCSA, the Department of Energy CESER, and the Federal Emergency Management Agency (FEMA) on disaster preparedness and response. The organization urged the agency to prioritize these recommendations to address the increasing frequency and severity of emergencies impacting the national fuel supply chain.

Click here to read the letter.